SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(P&H) 2100

VINOD K.SHARMA
Gurdip Singh and other – Appellant
Versus
Bank of India – Respondent


Advocates Appeared:
For the Petitioners:Mr. Kanwaljit Singh, Sr. Advocate with Mr. G. S. Ghuman, Advocate.
For the Respondent: None.

JUDGMENT

Vinod K. Sharma, J. (Oral) - This revision is directed against the order dated 12.11.1991 passed by the learned Sub Judge First Class, Jalandhar vide which application moved by the petitioners under Section 47 of the Code of Civil Procedure (for short the Code) for refund of money paid in excess of amount due has been ordered to be dismissed.

2. The petitioners took a loan of Rs. 13,000/- from the Bank of India, Jalandhar Branch in the year 1973-74 as crop loan as well as for the purchase of equipments. Judgement debtors No. 2 and 3 stood sureties for repayment of loan, for the petitioners.

3. As the petitioners failed to repay the loan a suit was filed for recovery which was decreed in favour of the Bank on 9.6.1982 for a sum of Rs. 23,841.06 P. with future interest at the rate of 13.35 per cent per annum from the date of suit till realization.

4. Execution application was filed in which amount was paid.

5. The petitioners thereafter moved an application for refund of excess amount on the plea that the order of the court granting interest beyond 6 per cent per annum after the passing of the decree was nullity and without jurisdiction as the court could only grant interest



















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top